TO THE CIVIL COURT OF FIRST INSTANCE ON DUTY
ANTALYA
Plaintiff:
ATTORNEYS:
DEFENDANTS:
SUBJECT :… Model with license plate purchased in January of the year
.. colored .. brand vehicle on behalf of the plaintiff
registration, otherwise the sale price of …-TL
taken from the defendants, jointly and severally, to the plaintiff
a request for grant.
Value of Expenditure: …-TL (Purchase price of the car)
DESCRIPTIONS
We are attorneys for the plaintiff pursuant to the attached power of attorney.
The plaintiff, together with his ex-wife .. in January of the 2nd year, through the workplace named .. Galeri, with the car sales contract between them and the person named ….. model silver ..colored .. brand vehicle with plate .. …-TL cash in advance, by giving 2 checks of …-YTL and purchased externally for a total of ….00-TL. At the same time, the car was actually delivered to him and he took over his possession.
The attorney, whose (former) wife, who acted as an intermediary in the purchase of the vehicle, knew .. “You can get the license transfer of the vehicle whenever you want, there will be no problem” and because of the trust they have in this person, he did not get the license immediately, and started to drive the car with the thought that it was his own.
The attorney was caught and taken to the parking lot on 04.2007, while he was using the vehicle with license plate, which is the subject of the sale, for the works of the workplace named … Haber, of which he is the owner/authorized, and while the vehicle in question was waiting in front of the workplace.
In the research conducted on these events, due to the debt of … to …r with a deed of …,00-YTL, dated …10.2005, maturity date …,00-YTL. It was learned that he was caught due to the lien on his record.
The plaintiff, who was the attorney, bought the vehicle in question by paying the price, and at the same time, the vehicle was actually delivered to him and took over his possession. However, due to the fact that the vehicle he has been using for about 2-2.5 years, with the thought that he has good intentions, is registered in the name of .. and these people carry out a collusion follow-up long after the sale (although the due date of the deed that is the subject of the enforcement proceedings is … towing the vehicle into the parking lot is a clear indication that they acted maliciously and collusionally.
Upon the developments, a complaint was filed by the attorney, and subsequently, the defendants were charged with A..
a .. Criminal Court filed a lawsuit with the file numbered 2008/.. E. As can be seen in the content of this file, in the statement taken on 03.07.2007 of ..r. of the defendants who appear to be creditors in the file no. .. I don’t know either. I have nothing to take from anyone.” Then again, in his statement taken on 09.2007, “I have .. receivables. …. His wife came and asked me for money, so I gave it to him, I got the bill in return, I put the bill in enforcement proceedings ….. .. he is a very sincere friend of mine, I bought a promissory note because his financial situation was bad….” contradictory and contrary to the ordinary flow of life, is a clear indication that they acted maliciously and colluded.
However, considering the goodwill of the attorney in the face of events and that he bought a car in accordance with the law by paying the price, in order to protect his rights and to prevent irreparable damages, to be valid until the decision to be made with this case is finalized; We request a precautionary decision regarding the suspension of the file numbered 2007/… E of the Enforcement Directorate until the conclusion of the trial and that the vehicle remains in trusteeship until the end of the case.
For the reasons explained above, the attorney in this dispute is the bona fide third party, and he has purchased and used the vehicle in accordance with the law by paying the price. For this reason, first of all, we demand that the vehicle with the license plate be registered in the name of the attorney, and if this is not possible, the sales price should be collected from the defendants jointly and severally and given to the plaintiff, since the defendants are responsible for the refund of the sales price.
EVIDENCE
……………….
RESULT – REQUEST
For the reasons explained above and to be taken into account ex officio, without prejudice to our other legal rights;
First of all, THE DECISION OF PRECAUTIONS TO KEEP THE VEHICLE AS SUBSTITUTE UNTIL THE END OF THE CASE,
The vehicle with license plate subject to sale shall be registered in the name of the plaintiff, who is the attorney in traffic, and if this is not possible, the legal interest of …
Fee with litigation expenses
We hope that the power of attorney will be left to the defendants and a decision will be made…/../2008
Plaintiff’s Attorney
Lawyer
